‘She was heavily medicated’: My cousin forced my elderly mother to sign over her share of the family home. What can we do?

by Quentin Fottrell

My grandfather passed and left his four kids each a one-quarter share of the family home. My cousin moved in and later threatened to sue my elderly mother for the repairs he made while living there or, he said, she could sign over her share of the house to him.

She signed out of fear and after she had just gotten out of the hospital, so she was heavily medicated, but mostly afraid. This man has since tried to force the other three family members to do the same thing. They all stood strong and didn’t sign.

They didn’t even know about my mom selling until he inadvertently let slip that she had deeded him her share. Does he actually own one quarter of this house or should his share revert back to my family? The property, if it matters, is in West Virginia.

The Good Cousin

“Unfortunately, in many cases of financial exploitation or of elder financial abuse, the victim is too afraid to speak up and tell friends or loved ones what happened.” - MarketWatch illustration

Dear Cousin,

Your mother did not have any protection when she was bullied, coerced and abused by your cousin, who forced her to sign over her share of the family home, but she does have protection under the law. His strategy for acquiring property, in an ideal world, should collapse like a house of cards.

Section 61-2-29b of the West Virginia legislature deals with the financial exploitation of an elderly person, protected person or incapacitated adult. “Any person convicted of a violation of this section shall, in addition to any other penalties at law, be subject to an order of restitution.”

If the sum of money embezzled is more than $1,000, they are also guilty of a felony “and, upon conviction thereof, shall be fined not more than $10,000 and imprisoned in a state correctional facility not less than two nor more than 20 years,” the statute states.

A “protected person” is any adult 18 years or older who is found by a court, because of mental impairment, to be unable to process information effectively or to respond to such an extent that the individual lacks the capacity, according to the Defense Trial Counsel of West Virginia.

As always, it is imperative to act swiftly. Unfortunately, in many cases of financial exploitation or of elder financial abuse, the victim is too afraid to speak up and tell friends or loved ones what happened. In some cases, they may not even be fully aware.

The statute of limitations varies by state; in West Virginia, the statute of limitations for cases of fraud is two years from the date on which the alleged crime was discovered or should have been discovered, and there is a 10-year cap from the date the alleged fraud occurred.

Unlikely perpetrators

In 2022, James Lindsay, a financial-exploitation attorney for Legal Aid of West Virginia and a leader in a statewide task force combating elder financial abuse, addressed the Children and Families Committee at the state legislature, as reported by WV Public Broadcasting.

He said that approximately half of the state’s 16,000 elder-abuse and elder-neglect cases involved financial exploitation by bad actors. “We’ve had engineers, bankers. These are trusted agents, consumers, friends, family, people who the elderly trust with their finances,” he said.

It’s vitally important to store documents and passwords — life-insurance policies, bank-account details, mortgage documents, etc. — in a safe place to prevent an abuser from accessing these accounts should your loved ones become incapacitated.

Perhaps most heartbreaking of all, as this study suggests: “Unlike physical abuse and neglect, financial abuse is more likely to occur with the tacit acknowledgment and consent of the elder person and can be more difficult to detect and establish.”

Signs of elder abuse

Typically, if you suspect someone of elder abuse — emotional, physical, psychological or financial — you should report them to adult protective services, or call 911 and report them to local law-enforcement authorities or your district attorney’s office.

It’s a big problem: The National Center on Elder Abuse, a government agency affiliated with the U.S. Administration on Aging, says that one in 10 people over the age of 60 in the U.S. experienced some form of abuse in the prior year. Research still lags all the new forms of financial abuse.

There are red flags to watch out for, however. Financial signs of elder abuse include fraudulent signatures on documents, overdue bills and “unusual or sudden changes in spending patterns, will or other financial documents,” according to the nonprofit National Council on Aging.

It may seem unthinkable, but caretakers, friends and family members are among the most common perpetrators of elder financial abuse. Such crimes cost elderly people up to $28 billion annually, researchers say, although official estimates may not reflect the true cost.

“Isolation is a red flag and many studies of elder abuse say a lack of a good support system and physical and psychological isolation are hallmarks of the problem,” according to the National Adult Protective Services Association. But as you discovered, it can also happen in plain sight.

Elderly people are vulnerable to villains like your cousin. I hope it’s not too late to undo this quitclaim — but I also hope that your story about this cousin moving in with your mother, with the offer of helping to do repairs around the house, serves as a warning to others.

Full Article & Source:
‘She was heavily medicated’: My cousin forced my elderly mother to sign over her share of the family home. What can we do?